Photovoltaic Installations) (Amendment) Regulations, 2015

L.N. 171 of 2015

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Feed-in Tariffs Scheme (Electricity Generated from Solar

Photovoltaic Installations) (Amendment) Regulations, 2015

IN exercise of the powers conferred by article 28(1) of the Malta

Resources Authority Act, the Minister for Energy and Health, after

consultation with the Malta Resources Authority, has made the

following regulations:-

The title of these regulations is the Feed-in Tariffs Scheme

(Electricity Generated from Solar Photovoltaic Installations)

(Amendment) Regulations, 2015, and these regulations shall be read

and construed as one with the Feed-in Tariffs Scheme (Electricity

Generated from Solar Photovoltaic Installations) Regulations,

hereinafter referred to as "the principal regulations".

Regulation 2 of the principal regulations, shall be amended

as follows

(a)

immediately after the definition "change of use of

premises" there shall be added the following new definitions

" "co-generation" means the simultaneous

generation in one process of thermal energy and electrical

or mechanical energy;

"co-generation unit" means a unit that is able to

operate in co-generation mode;"; and

(b)

immediately after the definition "period of

guaranteed payment of the feed-in tariff" there shall be added

the following new definition

" "premises code" means a unique number assigned

by the distribution system operator identifying a particular

premises with its individual service address and served

with electricity and, or water;".

Regulation 4 of the principal regulations shall be amended

as follows

(a)

in sub-regulation (7) thereof, immediately after the

words "import/export metering equipment.", there shall be

added the following

"Without prejudice to the generality of the

foregoing, subject to the obtainment of the consent of the

distribution system operator, the installation operator may

install metering equipment to measure all the electricity

generated by the solar photovoltaic installation as an

alternative to the installation of metering equipment by the

distribution system operator for the purpose of measuring

all the electricity generated by the solar photovoltaic

installation."; and

(b)

sub-regulations (8) and (9) thereof shall be

substituted by the following new sub-regulations

"(8) The electricity generated -

(a)

from solar photovoltaic installations

approved with a different feed-in tariff for

electricity generated and sold to the distribution

system operator shall be separately metered and

such solar photovoltaic installations shall be

deemed to be separately installed;

(b)

from

installations

producing

electricity from renewable energy sources other

than solar energy connected with the same

premises code with solar photovoltaic installations

installed in terms of paragraph (a) shall also be

separately metered;

(c)

from cogeneration units connected

with the same premises code as solar photovoltaic

installations installed in terms of paragraph (a)

shall also be separately metered.

(9) In the case of an installation operator who

generates electricity -

(a)

from separately installed solar

photovoltaic installations and connected with the

same premises code and approved with different

feed-in tariffs, the electricity produced from each

separately installed solar photovoltaic installation

shall be paid by the distribution system operator at

the applicable feed-in tariff rate as approved to

each separate solar photovoltaic installation

Provided that any addition to a solar

photovoltaic installation’s capacity during the

period of guaranteed payment of the feed-in tariff,

when the installation operator has chosen the

option to generate electricity primarily for own

consumption and with the export of any excess

electricity generated to the distribution system,

shall not be deemed to be a separately installed

solar photovoltaic installation and the provisions of

regulation 12(2) shall apply;

(b)

primarily for own consumption and

exports any excess electricity to the distribution

system from an installation producing electricity

from renewable energy sources other than from

solar photovoltaic installations, and connected with

the same premises code as a solar photovoltaic

installation

installed

primarily

for

own

consumption, the export of any excess electricity

generated to the distribution system, for any excess

electricity generated and exported to the

distribution system, shall be paid by the

distribution system operator at the marginal cost;

(c)

primarily for own consumption and

who exports any excess electricity to the

distribution system from an installation producing

electricity from a cogeneration unit connected with

the same premises code as a solar photovoltaic

installation

installed

primarily

for

own

consumption and with the export of any excess

electricity generated to the distribution system, any

excess electricity generated and exported to the

distribution system shall be paid by the distribution

system operator at the marginal cost.".

Regulation 4A of the principal regulations shall be

amended as follows

(a)

the words "roof-mounted", wherever they occur,

shall be deleted; and

(b)

immediately after paragraph (c) of the proviso

thereof, there shall be added the following new paragraph

"(d) in the case of -

(i)

roof mounted solar photovoltaic

installations and, or solar photovoltaic installations

integrated in the exterior walls of a building, the

installed capacity which may be paid the marginal

cost shall be limited to 5MWp per annum;

(ii)

ground mounted solar photovoltaic

installations, the installed capacity which may be

paid the marginal cost shall be limited to 2MWp

per annum.".

Immediately after sub-regulation (3) of regulation 9 of the Amends

principal regulations, there shall be added the following new sub- regulation

the principal

regulations.

A solar photovoltaic installation that has benefited

from a feed-in tariff, after the expiry of the period of guaranteed

payment of such feed in tariff, shall not benefit from any new

feed-in tariff.".

Regulation 12 of the principal regulations shall be Amends

regulation 12 of

amended as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be substituted by

the following new sub-regulation

"(1) In the case of modifications relevant to the

solar photovoltaic installation arising from -

(a)

change of use of the premises where

the solar photovoltaic installation is located;

(b)

change of account holder;

(c)

transfer

of

solar

photovoltaic

installation from a premises to another different

premises with a different premises code but with

same use;

(d)

transfer

of

solar

photovoltaic

installation from a premises to another different

premises with a different premises code and with

different use;

(e)

change of feed-in tariff option from

"sell all electricity generated" to "generate

electricity primarily for own use" or vice versa;

(f)

change

in

location

of

solar

photovoltaic installation from roof-mounted to

ground-mounted or vice versa,

the feed-in tariff shall change as applicable and in

accordance with the feed-in tariff scheme in force during

the year when the solar photovoltaic installation was first

approved as a feed-in tariff

Provided that when the change occurs during

the period of guaranteed payment of the feed-in tariff, such

period shall include the time for which the installation

operator has already benefited from a feed in-tariff."; and

(b)

immediately after sub-regulation (3) thereof there

shall be added the following new sub-regulation

"(4) In the case of a solar photovoltaic installation

connected to the grid in accordance with regulation 3 that

has benefited from a grant and which was approved a feed-

in tariff, such feed-in tariff shall remain applicable even if

subject to the grant scheme conditions and as determined

by the administrator of the grant scheme, the grant given

for the solar photovoltaic installation has to be

reimbursed.".

In the Fourth Schedule to the principal regulations, for the

words "The marginal cost per unit for the year 2014 shall be of eleven

cents (€0.11) per kWh." there shall be substituted the words "The

marginal cost per unit for the year 2015 shall be of ten cents and five

mils (€0.10,5) per kWh.".

€0.45